NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Triple Damages on Overcharge Reduced Based on Regina Case

September 26, 2020    

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA ruled for tenant in September 2019 and applied a six-year base date to the complaint based on HSTPA changes to the Rent Stabilization Law...

Landlord Didn't Reduce Legal Rent While Complaint Was Pending

September 26, 2020    

Rent-stabilized tenant complained of rent overcharge in 2016. The DRA ruled for tenant in October 2019, applying a six-year lookback period based on HSTPA changes to rent overcharge law. The DRA ordered landlord to...

Rent Overcharge Due to Discounted IAI Rent Increases Wasn't Willful

September 26, 2020    

Tenant complained of rent overcharge in 2010. The DRA ruled against tenant, who appealed and won in part. The DHCR disallowed some of landlord's claimed individual apartment improvements (IAIs), which had been...

Preferential Rent Was Still Less Than Legal Rent After Disallowed IAIs

September 25, 2020    

Rent-stabilized tenant complained of rent overcharge in 2015. She claimed that landlord fraudulently charged her, the first rent-stabilized tenant after rent control, a legal regulated rent of $1,900 per month and a...

Overcharge Lookback Period Limited to Four Years

September 25, 2020    

Tenant complained of improper apartment deregulation and rent overcharge. She claimed that landlord improperly claimed excessive costs for individual apartment improvements (IAIs) in its Notice of Deregulation when...

Tenant's Garage Rent Not Subject to Rent Control

September 25, 2020    

Rent-controlled tenant complained of specific rent overcharge, based on increases to her garage parking charges. The DRA ruled against tenant, finding that the building parking space was an ancillary service only for...

Explanatory Addenda to 2018 Deregulation Order Points to Unit's Continued Rent Stabilization

September 25, 2020    

Landlord applied for high-income rent deregulation of tenant's rent-stabilized apartment in 2018. Tenants had admitted in their 2018 Income Certification Form (ICF) that their total annual household income was...

Landlord Didn't Prove Building Was Substantially Rehabbed

September 25, 2020    

Landlord applied to the DHCR for a ruling that its Brooklyn building was exempt from rent stabilization due to substantial rehabilitation after Jan. 1, 1974. The DRA ruled against landlord, who appealed and lost.

No Substantial Rehab Exemption Without DOB Letter of Completion

September 25, 2020    

Landlord applied to the DHCR for a ruling that its building was exempt from rent stabilization due to substantial rehabilitation after Jan. 1, 1974. Landlord claimed it spent over $1 million to gut-renovate the...

DHCR Approves Landlord's Demolition Application

September 25, 2020    

Landlord asked the DHCR for permission to refuse renewal of tenant's rent-stabilized leases and/or proceed for eviction based on landlord's intent to demolish the building. The DRA ruled against landlord,...

Landlord Can Replace Metal Keys with Electronic Key Fobs

September 25, 2020    

Landlord asked the DHCR for permission to modify building services by replacing a building's metal key entry system with an electronic key fob system. The DRA ruled for landlord, as long as landlord complied with...

DHCR Can't Re-examine Rent History Period Covered in Prior DHCR Overcharge Order

September 25, 2020    

(Decision submitted by attorney Paola Arzeno-Barbano of the Manhattan law firm of Kossoff, PLLC, attorneys for the landlord.)

Tenant complained of rent overcharge. The DRA ruled against tenant,...